WQCS00111_NOV-2022-DV-0026 AND 0027 NOI_20220202

Certified Mail # 7021 2720 0000 1254 5035
Return Receipt Requested

February 2, 2022

Zachary Ollis, Town Manager
Town of Tryon
301 N Trade St
Tryon, NC 28782

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0026 & NOV-2022-DV-0027
Sanitary Sewer Overflows - January 2022
Collection System Permit No. WQCS00111
Tryon Collection System
Polk County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Reports submitted by
Town of Tryon. The Division’s Asheville Regional Office concludes that the Town of Tryon violated Permit
Condition I (2) of Permit No. WQCS00111 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.

The Asheville Regional Office is providing the Town of Tryon an opportunity to provide evidence and justification
as to why the Town of Tryon should not be assessed a civil penalty for the violations that are summarized
below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
_________________________________________________________________________________________________________________________________________________________________________
202200074 1/8/2022 60 Braewick Rd. Debris in line, Inflow 1,500 1,500 Notice of Violation
and Infiltration _________________________________________________________________________________________________________________________________________________________________________ 202200082 1/10/2022 9 Braewick Rd. Debris in line 3,000 3,000 Notice of Violation _________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: C0E8A1F0-F209-43A0-ABBB-726F0A1B1243

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.

This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator’s history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.

If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in the
Asheville Regional Office at 828-296-4686 or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: LF
Zach Ollis, Town Manager
DocuSign Envelope ID: C0E8A1F0-F209-43A0-ABBB-726F0A1B1243
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1. Article Addressed to:
Zachary 011is, Town Manager
Town of Tryon
301 N Trade St
Tryon, NC 28782
Zachary 011is, Town Manager
Town of Tryon
301 N Trade St
Tryon, NC 28782
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NOV-2022-DV-0026 Sr 0027
PS Form 3811, July 2020 PSN 7530 02-000-9053 WQCS00111 POLK (MW) )stic Return Receipt